227.818. Ore roasting furnace..354, 356 535.158. Electrical apparatus
346 527,621. Grain drill
345 534,248. Stockings
Accrual of action for. see "Limitation of Actions," § 2.
For inserting false notice of copyright, see "Copyrights," § 1.
Limitation of actions as to, see "Limitation of Actions," § 1.
To employé, see "Master and Servant," § 1.
To person on or near railroad tracks, see "Railroads," § 2.
For removal of cause, see "Removal of Causes," § 2.
In bankruptcy, see "Bankruptcy," § 1.
In particular actions or proceedings.
See "Admiralty,” § 2; “Libel and Slander,” § 1.
For infringement of patent, see "Patents," § 5.
To remove cloud on title, see "Quieting Title," § 1.
§ 1. Replication or reply and subsequent pleadings.
An allegation in an answer, in support of a plea of limitation, that
the certificate of deposit sued on was issued by the bank in renewal
of a prior indebtedness evidenced by a certificate which had matured
and on which the exact amount of the new certificate was then due,
and not for an indebtedness then created, is not sufficiently traversed
to raise an issue by an allegation of the reply that the old certificate
was surrendered and received with the understanding and agreement
between plaintiff and the bank that it should constitute a new deposit,
and such allegation was properly stricken out as immaterial.
-Patterson v. Wade, 115 Fed. 770....
Under the provision of 1 Hill's Ann. Laws Or. § 94, that "every ma-
terial allegation of new matter in the answer not specifically contro-
verted by the reply shall, for the purpose of the action, be taken as
true," where facts were alleged in an answer which supported a plea of
limitation, and such allegations were not specifically denied in the reply,
defendant was entitled to judgment on the pleadings.
-Patterson v. Wade, 115 Fed. 770..
..53 C. C. A. 1
Necessity of possession in suit to restrain waste, see "Waste."
Retention by grantor in fraudulent conveyance, see "Fraudulent Convey-
ances," § 1.
§ 1. Offenses against postal laws.
In Rev. St. § 5480, as amended by Act March 2, 1889 (25 Stat. 873),
which makes it a criminal offense if any one, "having devised or in-
tending to devise any scheme or artifice to defraud" to be effected by
the use of the mails, shall, in carrying out such scheme or artifice, have
either deposited a letter or packet in a post office or taken one therefrom,
the phrase "scheme or artifice to defraud” is not limited in its meaning
to such as are to be accomplished by means of deception or trickery,
but, bearing in mind that the purpose of the statute is to preserve the
use of the mails for legitimate purposes, such phrase must be construed
to include any scheme designed and intended to injure another by de-
priving him of his property wrongfully; and a plan to extort money from
another by threatening to publish charges against him accusing him of
having committed crimes, unless a sum demanded is paid, is a "scheme
to defraud," within the meaning of the statute.
-Horman v. United States, 116 Fed. 350...
Of sale in mortgage, see "Mortgages," § 2.
Adoption by United States courts of practice of state courts, see "Courts," § 2.
Procedure of particular courts, see "Courts."
In particular civil actions or proceedings.
See "Assumpsit, Action of."
Particular proceedings in actions.
See "Evidence"; "Execution"; "Judgment"; "Jury"; "Limitation of Actions";
"Pleading"; "Removal of Causes"; "Trial."
Particular remedies in or incident to actions.
See "Attachment"; "Injunction"; "Receivers."
Procedure in criminal prosecutions.
Procedure in exercise of special jurisdictions.
In admiralty, see "Admiralty"; "Maritime Liens," § 2.
In equity, see "Equity."
See "Appeal and Error"; "Exceptions, Bill of."
Effect of proceedings in bankruptcy, see "Bankruptcy," § 2.
In fraudulent conveyance, see "Fraudulent Conveyances," § 1.
Ground for reversal in civil actions, see "Appeal and Error," § 6.
In suit for infringement of patent, see "Patents," § 5.
§ 1. Mutual rights, duties, and liabilities.
There is no principle of general law upon which a principal can avoid
liability to his agent for advances made in good faith on his request,
because the contract on which they were made was rendered illegal
by the secret intention of the principal not to perform the same in ac-
cordance with its terms.
-Parker v. Moore, 115 Fed. 799..
§ 1. Discharge of surety.
Where, in accordance with the express requirement of a statute, the
bond of a contractor with the state for the construction of a public
building was conditioned that the contractor should "pay for all material
and labor entering into or employed in the construction of said build-
ing," the surety is not relieved from liability to persons furnishing labor
or materials because the state failed to retain from estimates made
as the work progressed the per cent. reserved by the contract, nor be-
cause the contractor assigned to a third party payments due from the
state, there being nothing in the contract or bond prohibiting such as-
signments.
-United States Fidelity & Guaranty Co. v. Omaha Bldg. & Const.
Co., 116 Fed. 145...
.53 C. C. A. 465
§ 2. Rights and remedies of surety.
Under Rev. St. Fla. § 983, which provides that co-sureties shall be
bound to each other for a proportional contribution, and section 1177,
which provides that any one who has paid money as a surety shall have
the right to control the judgment, a surety who has paid a judgment at
law after execution issued has the right to cause such execution to be
levied on property of a co-surety, who is also a judgment defendant.
and to enforce payment of his proportional share; and the court cannot
arrest the execution on a petition of such co-surety setting up prior
equities between the parties, which it is the sole provision of a court of
equity to determine.
-Knight v. Weeks, 115 Fed. 970....
Between judgment lien and conveyances, see "Judgment." § 3.
Of assignments of insurance policies, see "Insurance," § 2.
Of mortgages, see "Mortgages," § 1.
Of lien of receiver's certificates, see “Receivers,” § 1.
In actions against particular classes of parties.
Foreign corporations, see "Corporations," § 4.
See "Execution"; "Injunction."
Particular forms of writs or other process.
Process in special jurisdictions.
Adverse possession, see "Adverse Possession."
Taking for public use, see "Eminent Domain."
Particular species of property.
See "Copyrights"; "Mines and Minerals"; "Shipping"; "Trade-Marks and
Trade-Names."
In statutes. see "Statutes," § 2.
Of statute as time of taking effect, see "Statutes," § 2.
See "Municipal Corporations," § 3; "Towns," § 1.
PUBLIC IMPROVEMENTS.
Bonds in aid of, see "Municipal Corporations," § 3.
Taking property for public use, see "Eminent Domain."
See "Assumpsit, Action of."
§ 1. Proceedings and relief.
A bill to remove a cloud upon the title and enjoin trespasses thereon,
which alleges title and possession in complainant, an adverse claim by
defendant, that the land is chiefly valuable for its timber, and that de-
fendant has repeatedly entered thereon and cut and removed timber,
states a cause of action of equitable jurisdiction in either of its aspects.
-Peck v. Ayers & Lord Tie Co., 116 Fed. 273.. .53 C. C. A. 551
As employers, see "Master and Servant."
Carriage of goods and passengers, see "Carriers."
Municipal bonds in aid of, see "Municipal Corporations," § 3.
§ 1. Indebtedness, securities, liens, and mortgages.
A provision of a decree foreclosing a railroad mortgage, and directing
a sale of the property, that the fund arising therefrom, after payment
of costs, etc.. shall be applied “(3) to the payment of all interventions
or other claims heretofore or hereafter to be allowed *
perior to the lien of the bonds,
or, if the fund realized be not
sufficient to pay the same, then to the payment of the same pro rata,"
does not apply to receiver's certificates issued by direction of the court
in payment of indebtedness it has itself contracted in the operation of
the property, but should be construed as referring only to claims against
the railroad company; and it does not put it out of the power of the
court to thereafter deal with the question of the priority of such cer-
tificates under a general provision of the decree passing the cause "for
further orders."
-Bank of Commerce v. Central Coal & Coke Co., 115 Fed. 878....
53 C. C. A. 334
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